Section 440.95. Penalties.

 

(1)  Any cemetery authority that is required to be licensed under s. 440.91 (1) and that knowingly fails to be licensed may be fined not more than $100.

(2)  Any individual who is required to register as a cemetery salesperson under s. 440.91 (2) and who fails to register may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both.

(3)  Except as provided in subs. (1) and (2) , any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $5,000 or imprisoned for not more than 6 months, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense.

(4)  Any person who intentionally does any of the following may be fined not more than $5,000 or imprisoned for not more than 90 days, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense:

(a) Fails to register as a preneed seller as required under s. 440.92 (1) (a) .

(b) Fails to deposit or invest preneed trust funds or care funds as required under s. 440.92 (3) .

(c) Fails to file a report or files an incomplete, false or misleading report under s. 440.92 (6) .

(d) Files a false or misleading certification under s. 440.92 (9) .

(5)  Except as provided in sub. (4) , any person who violates s. 440.92 or any rule promulgated under s. 440.92 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense.

(6)  

(a) Any cemetery authority or vendor that fails to disclose information to consumers in violation of s. 440.945 (3) may be required to forfeit not more than $200.

(b) Any cemetery authority or vendor that violates s. 440.945 (4) may be required to forfeit not more than $200 for the first offense and may be required to forfeit not more than $500 for the 2nd or any later offense within a year. The period shall be measured by using the dates of the offenses that resulted in convictions.

1989 a. 307 ss. 75 , 87 ; 1999 a. 9 ; 2005 a. 25 ; 2015 a. 237 .